- 1 - NC: 2025:KHC-D:2871 CRL.P No. 100321 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V.HOSMANI CRIMINAL PETITION NO.100321 OF 2025 [439(CR.PC)/483(BNSS)] BETWEEN: MAHANTESH S/O. LAXMAN VAGOLI, AGE: 19 YEARS, OCC. STUDENT, R/O. KHANDNAL, TQ. DARIBADACHI, DIST. SANGLI, MAHARASHTRA-416412. … PETITIONER (BY SRI RAJA RAGHAVENDRA NAIK, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH AIGALI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH-580011. … RESPONDENT (BY SMT.GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF B.N.S.S. 2023, SEEKING TO GRANT REGULAR BAIL TO THE PETITIONER/ACCUSED NO.3 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION 189(2), 191(3), 126(2), 49, 115(2), 238, 190, 103(1) AND 140(1) OF BNS 2023 IN CRIME NO.112/2024 REGISTERED BEFORE AIGALI POLICE STATION, ATHANI TALUKA, PENDING BEFORE THE ADDL. CIVIL JUDGE (JR. DN.) AND J.M.F.C COURT, ATHANI. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Date: 2025.02.13 14:37:40 +0530 - 2 - NC: 2025:KHC-D:2871 CRL.P No. 100321 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI) This petition is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) for grant of regular bail in Crime no.112/2024 by Aigali Police Station for offences punishable under Sections 189 (2), 191 (3), 126 (2), 49, 115 (2), 238, 190, 103 (1) and 140 (1) of Bharatiya Nyaya Sanhita, 2023 (for short, ‘BNS’) by accused no.3 (petitioner). 2. Sri Raja Raghavendra Naik, learned counsel for petitioner submitted as per prosecution case, complaint was filed by Sathyappa Sangappa Devakhate on 30.07.2024 at 12:15 p.m., stating that he was private school teacher and permanent resident of Kohalli along with his father, mother, three brothers, wife and children. It was stated about six years earlier his father had borrowed Rs.2,50,000/- from one Shambulinga Mamadapur of Badagi village out of which he was due Rs.1,00,000/-. About four days earlier Shambulinga had called complainant’s brother demanding return of said money, he was asked for sharing particulars of bank account for transfer by RTGS. On insistence for cash payment, it was delayed. - 3 - NC: 2025:KHC-D:2871 CRL.P No. 100321 of 2025 3. At about 7:00 p.m. on 29.07.2024 Shambulinga arrived at their farm house, in car and enquired about Sangappa. After being informed that Sangappa was not in station, Shambulinga went away. But at 7:45 p.m., his brother Santosh came home crying stating that Shambulinga along with two others had kidnapped Sangappa in car bearing registration no.MH-43/AN-0799. Immediately he went to Kohalli village, informed relatives and well wishers. When his brother Sachin called Shambulinga and informed him that they would repay amount, he instructed them to pay amount to Shrishail Taunshi and only if he received confirmation call from Shrishail, Sangappa would be freed. Thereafter, complainant searched nearby and also enquired at Shambulinga’s house. His children informed that he had not come back. At little later, Shambulinga called and informed his children that persons who were with him had dropped him at District Hospital in Vijayapura. 4. When complainant went there at 5:00 a.m., he found car bearing registration no.MH-43/AN-0799 parked. When they opened door, Sangappa was found dead. Therefore, complainant suspected Shambulinga along with others had - 4 - NC: 2025:KHC-D:2871 CRL.P No. 100321 of 2025 kidnapped Sangappa with intention to recover Rs.1,00,000/- killed him and left his body in vehicle at Vijayapura District Hospital. Based on same, Crime no.112/2024 was registered for offences under Section 140 (1), 103 (1) read with Section 3 (1) of BNS arraigning Shambulinga as accused no.1 and two unknown persons. 5. It was submitted, complaint allegations were mainly against accused no.1 and without any overt acts or description of two others. Therefore, petitioner was falsely implicated. It was submitted, petitioner was arrested on 04.08.2024 and after completion of investigation, charge-sheet was filed on 20.10.2024. It was submitted, there were no overt acts exclusively about petitioner except about participating along with others. It was submitted, even statement of CW-16 recorded on 04.08.2024, reference to petitioner were as part of group. It was further submitted, there were several inconsistencies between statements of CW-16 and complaint. It was further submitted, accused no.1 was enlarged on bail by order dated 23.12.2024 in Crl.Misc.no.10089/2024 passed by XI Additional District and Sessions Judge, Belagavi, sitting at - 5 - NC: 2025:KHC-D:2871 CRL.P No. 100321 of 2025 Athani, on medical grounds. On above grounds, sought for grant of bail. 6. On other hand, Smt.Girija S. Hiremath, learned HCGP opposed petition. At outset, it was submitted offences alleged against accused were kidnap, murder, attempt to destroy evidence etc., which were heinous in nature. It was submitted, during course of investigation prosecution had recorded statements of 50 witnesses amongst whom CWs-16, 23 and 24 were last seen witnesses and that in their statements recorded under Section 180 of BNSS, CWs-23 and 24 had supported prosecution case. Post Mortem Examination Report (‘PMER’) final opinion about cause of death was kept pending for want of chemical analysis report and Histopathological report. It was further submitted, as trial had not yet commenced, if bail was granted, petitioner was likely to influence witnesses. On above ground prayed for dismissal of petition. 7. Heard learned counsel and perused material on record. - 6 - NC: 2025:KHC-D:2871 CRL.P No. 100321 of 2025 8. From above, point that arises for consideration is: “Whether petitioner is entitled for regular bail on conditions?” 9. This petition is by accused no.3 for regular bail in Crime no.112/2024 for offences under Sections 189 (2), 191 (3), 126 (2), 49, 115 (2), 238, 190, 103 (1) and 140 (1) of BNS. 10. Offences alleged are abetment under Section 49; murder under Section 103 (1); voluntarily causing hurt under Section 115 (2); wrongful restraint under Section 126 (2); kidnapping with intention to murder under Section 140 (1); being part of unlawful assembly under Section 189 (2); commission of offence in pursuit of common intention as part of unlawful assembly under Section 190; rioting with deadly weapon under Section 191 (3) and destruction of evidence under Section 238 of BNS, amongst whom, offences under Section 103 (1) is punishable with death or imprisonment for life, Section 140 (1) is punishable with imprisonment for life, thereby offences under Sections 49 and 190 also attracting same sentences. Therefore, nature of offences would be heinous. - 7 - NC: 2025:KHC-D:2871 CRL.P No. 100321 of 2025 11. But, complaint averments do not bear direct references to petitioner. It is mainly against accused no.1 with references to unknown accomplices. Even in charge-sheet, there are no specific overt acts against petitioner – accused no.3. Only references are about his participation as member of group. As per charge-sheet, death was due to asphyxiation by accused no.2 strangulating victim with face mask scarf. While it would be for prosecution to lead evidence and establish commission of alleged offences by petitioner during trial, prima facie material would at best be for offences wrongful restraint and assault which would not be punishable with death or imprisonment for life. 12. Fact that petitioner was arrested on 04.08.2024 and while he was in custody, investigation is completed and charge- sheet was filed on 20.10.2024 would not require presence of petitioner for custodial interrogation as well as prosecution concerns could be diluted by imposing suitable conditions, point for consideration is answered in affirmative. Hence, following: ORDER Petition is allowed. Petitioner/accused no.3 is enlarged on bail in Crime no.112/2024 of Aigali Police Station for offences under Sections - 8 - NC: 2025:KHC-D:2871 CRL.P No. 100321 of 2025 189 (2), 191 (3), 126 (2), 49, 115 (2), 238, 190, 103 (1) and 140 (1) of BNS, subject to following conditions: a) Petitioner/accused no.3 shall execute a personal bond in a sum of Rs.1,00,000/- with two sureties for likesum to satisfaction of Court. b) He shall not threaten, tamper with or influence any of prosecution witnesses, either directly or indirectly. c) He shall not indulge in any criminal activities. d) He shall be regular in attending Court proceedings. e) It is clarified that views expressed are prima facie and shall not influence final outcome after trial. SD/- (RAVI V.HOSMANI) JUDGE GRD CT:PA LIST NO.: 1 SL NO.: 14